Overview

This course examines key issues in jurisprudence and legal philosophy such as legal positivism and natural law, the relationship of law and morals, the nature of the rule of law, power and authority, drafting legislation and legislative interpretation, theories of justice (such as utilitarianism, justice as fairness, egalitarianism, and libertarianism), theories of rights (including human rights) and the nature of the good life. Students will examine selected legal philosophies with reference to key current concerns such as the relationship between different branches of the State, and domestic and international political, economic and social issues.

Assessment Strategy

-threshold -D- to D+ (40-49%) An answer which, while predominantly correct in its presentation of material, contains a significant level of error and is therefore not entirely reliable.

-good -B- to B+ (60-69%) High Standard: A comprehensive answer, containing all the material relevant to the question and no irrelevancy, all the material and references being accurate and correct, there being no inaccuracy or error, the whole presented in an argument which, while clear, logical and critical, leaves room for improvement in its construction and presentation. An answer which shows complete competence in the subject.

-excellent -A- to A* (70+%) An outstanding, possibly brilliant, answer, containing all the material relevant to the question and no irrelevancy, all the material and references being accurate and correct, there being no inaccuracy or error, the whole presented in a clear, logical, critical argument with little room for improvement. An answer which demonstrates a complete mastery of the subject.

-another level-C- to C+ (50-59%) An answer which, while always in the main accurate and correct, fails to distinguish between relevant and irrelevant material and is lacking in criticism. An answer which while reliable with regard to correctness is either not comprehensive or not entirely pertinent.

Learning Outcomes

• Apply knowledge of selected jurisprudential theories and the works of key legal and political philosophers to actual or hypothetical scenarios.

• Demonstrate knowledge of the works of key legal and political philosophers both ancient and modern.

• Develop clear and well reasoned written arguments in plain English or Welsh.

• Identify the core components of selected jurisprudential theories and the works of key legal and political philosophers.

• Relate relevant jurisprudential theories and the works of key legal and political philosophers to selected legal issues such as the relationship between law and morality, the rule of law, the nature of justice and the concept of the good life.

• Relate relevant jurisprudential theories to contemporary legal and political issues, demonstrating an awareness of the place of legal and moral philosophy in the broader political, social and cultural context.